The mother-of-two's inquest last year heard she blamed herself for the incident and bore responsibility, despite the hospital's support.

The coroner returned a suicide verdict.

An initial investigation by the Australian Communications and Media Authority ruled that Today FM had breached its licence by not obtaining the consent of those involved before broadcasting the call.

Today's High Court ruling upholds that finding, which had previously been overturned by the Federal Court, confirming the Authority does have the power to decide whether a criminal offence has been committed for the purpose of determining whether there has been a breach of the Broadcasting Services Act.